N.Y. Comp. Codes R. & Regs. tit. 17, § 505.9 – Conduct of hearing.

(a) At the hearing the respondent or its designated representative may admit or deny any allegation made in the notice of violation. Any matter which has been stipulated to or admitted on the record by the respondent shall be deemed proven. Failure to respond to any allegation shall be deemed a denial of such allegation and under no circumstances shall the respondent be compelled to testify.
(b) The department shall have the burden of establishing a respondent's guilt by a preponderance of the evidence. Testimony shall be given under oath or affirmation. The presiding officer shall have the discretion to exclude any individual from the hearing, other than a party or the representative of a party, for good cause shown. The presiding officer may also admit any relevant evidence in addition to oral testimony. The formal rules of evidence are not applicable to administrative hearings held by the department. Evidence that is not admissible in a court of law, such as hearsay, is admissible in an administrative hearing. Any witness may be questioned and/or cross-examined by the presiding officer, the representative of any party, or any party or representative of a non-represented party.
(c) At the conclusion of all proceedings necessary to determine whether the respondent has violated any of the provisions of the Transportation Law or the rules, regulations or orders promulgated pursuant thereto, the presiding officer may either render or reserve decision. At such time, the presiding officer may advise all parties that, for the sole purpose of establishing an appropriate penalty, any party may offer any relevant comments or testimony regarding respondent's prior record or other mitigating facts.
(d) If the decision of the presiding officer is reserved, or the hearing is conducted by paper or electronic submission, a determination on the notice of violation, specifying the findings of fact and conclusions of law, may be made on the record. The resultant order shall be served by first-class mail or electronically on the parties and their representatives, if any.